FREEDOM OIL COMPANY,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
TO:
Dorothy M . Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601-3218
Hon. Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East,
P.O . Box 19274
Springfield, IL 62794-9274
PLEASE TAKE NOTICE that I have today filed
Pollution Control Board an original and nine (9) copies of a Motion to Voluntarily Dismiss
Appeals, a copy of which is herewith served upon you
.
Dated: April 23, 2007
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 0 1 2007
Pollution
STATE OF
Control
ILLINOISBoard
NOTICE OF FILING
J. Greg Richardson
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P . O . Box 19276
Springfield, IL 62794-9276
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-02
(UST Appeals)
(Consolidated)
with the Office of the Clerk of the
Respectfully submitted,
B
A. P
Gary A . Peters
Howard & Howard Attorneys, P
.C
.
One Technology Plaza, Suite 600, 211 Fulton Street
Peoria, IL 61602-1350
(309) 672-1483
#262582 v]
ters, Attorney for Petitioner
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 0 12007
STATE OF
ILLINOIS
FREEDOM OIL COMPANY,
)
Pollution
Control Board
Petitioner,
)
PCB 03-54
PCB 03-56
vs .
)
PCB
03-105
PCB 03-179
ILLINOIS ENVIRONMENTAL
)
PCB 04-02
PROTECTION AGENCY,
)
(UST Appeals)
Respondent
.
)
(Consolidated)
MOTION TO VOLUNTARILY DISMISS APPEALS
NOW COMES the Petitioner, FREEDOM OIL COMPANY ("Freedom ),
pursuant to 35
Ill . Admin. Code
ยง101 .500 and files its
Motion to Voluntarily
Dismiss Appeals
in these consolidated
Underground Storage Tank
("UST") Fund/UST Appeal proceedings .
In support of its
Motion to Voluntarily
Dismiss Appeals,
Petitioner states :
1 .
In these Consolidated Proceedings, Freedom respectfully
requested the Pollution
Control Board's review of five individual but related decisions by the Illinois Environmental
Protection Agency ("IEPA") to deny certain proposed investigation activities, and reimbursement
for certain response and remediation costs incurred by Freedom in 2002 and 2003
.
2.
On February 2, 2006, the Board issued its Opinion and Order on the various motions
filed by Petitioner and Respondent
. The Board's decision resolved some but not
all of the factual
issues raised in these proceedings
. Subsequent to the Board's decision, the Petitioner and
IEPA met
and resolved all of the remaining issues raised by Petitioner's appeal
. Petitioner has now received
the full settlement amount agreed to between the parties, and no outstanding
issues remain to be
argued in these appeals
.
#262572-vI
3 .
For the foregoing reasons, Petitioner files its
Motion to Voluntarily Dismiss Appeals
because there are no issues remaining to be decided by the Board
.
WHEREFORE the Petitioner, FREEDOM OIL COMPANY, requests that its
Motion to
Voluntarily Dismiss Appeals
be granted
HOWARD & HOWARD ATTORNEYS, P .C .
Howard & Howard Attorneys, P .C.
211 Fulton Street, Suite 600
Peoria, IL 61602
(309) 672-1483
By:
2
Gary A. Peters,
ttomey to etitioner,
Freedom Oil Company
FREEDOM OIL COMPANY,
vs .
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 23rd day of April, 2007, I served the attached
Motion to Voluntarily Dismiss Appeals,
by depositing same in the United States Mail, with First
Class postage prepaid, upon the following persons:
Dorothy M
. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601-3218
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P .O. Box 19274
Springfield, IL 62794-9274
Gary A. Peters
Howard & Howard Attorneys, P .C.
211 Fulton Street - Suite 600
Peoria, IL 61602
(309) 672-1483
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-02
(UST Appeal)
(Consolidated)
J . Greg Richardson, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P . O. Box 19276
Springfield, IL 62794-9276
#262572-vI
